PALTU SHAW Vs. KANHAILAL GUPTA

JUDGEMENT

(1.) The application under Section 482 of the Code of Criminal Procedure is filed by the petitioner praying for an order to quash the proceeding, in connection with case, bearing No. 790 of 2003 pending before the Court of learned 5th Judicial Magistrate, Sealdah.

(2.) On scrutiny of the application filed under Section 482 of the Code of Criminal Procedure, it appears that the main contention of the petitioner, that on his failure to arrange guarantor while obtaining loan from opposite party No. 1, he was compelled to leave blank cheque signed by him in the custody of opposite party No. 1.

(3.) It is also the contention of the petitioner that he was made to sign on blank papers without knowing and understanding the nature and contents of the said documents. It is also the contention of the petitioner that he has already paid the entire loan amount and as such opposite party No. 1 instituted the case under Section 138 of Negotiable Instruments Act (hereinafter called the Act), only to harass the petitioner.